VASANTHA AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) The question under challenge in this appeal is the legality of the order of forfeiting the bail bond without giving show cause notice to the 2nd surety is sustainable in Law

(2.) Section 446 of the Code of Criminal Procedure read as follows:

(3.) The Court has to exercise extreme caution while forfeiting surety bonds. When a bond under the Code for appearance or production of property is executed before a Court and it is proved to the satisfaction of that Court or of any Court to which the case has subsequently been transferred before forfeiting the bond, the court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid. I have perused the lower court records, nothing has been stated in the order of the lower court with regard to the satisfaction of the court or the ground of proof while imposing penalty. Show cause notice was served on the 1st appellant. But the show cause notice to the 2nd appellant was not served. The mandatory requirement of the principle of natural justice is that a person against whom an adverse order is passed must be given an opportunity of being heard. Therefore, before forfeiting the surety bond, the primary responsibility on behalf of the court is to give notice to the surety to show cause as to why the surety bond be not forfeited.